Con Law 2 Outline
Con Law 2 Outline
Bill of Rights
First 8 directed at Individual Rights
Negative Rights
Limitations on government and what Congress can do
Government: representation of the people
Limitations on government are limitations on the people
People can abuse power so BOR have limits on what the people can do
In process of creating majority need to ensure protection for minority
Reconstruction Amendments
13th abolishes slavery
14th limits state/local government from violating EP DP PI
15th limits state government voting
IN EACH Congress has ability to pass laws to ensure rights granted are protected
Congress enforcer of Civil Rights
Interests of states must give way to federal interests
Fourteenth Amendment
All Persons naturalized in US
Direct response to Dred Scott which held that African Americans were not "citizens" deserving constitutional protection
Privileges and Immunities
Privileges: look anywhere in first 8 as starting point (Bingham) DEAD LETTER after Slaughterhouse
Equal Protection
No person or group may be treated differently under the law unless there is a valid state reason for doing so
Similarly situated people should be treated alike under the law
Three levels Scrutiny
Strict: Necessary to achieve a Compelling governmental purpose AND cannot achieve purpose through any other means
Intermediate: State must have a substantial relation to an important governmental purpose
Rational basis: rationally related to legitimate purpose
Due Process
State cannot deprive the people of life, liberty and property without due process of the law
Procedural Due Process: Fair and impartial judicial proceedings operating according to established rules and principles.
Notice and opportunity to be heard
Cant be thrown in jail wo trial
Cant suspend you from public school
Fire a public e'ee
Civil commitment
Substantive Due Process: Principle that laws and regulations must serve the legitimate interests of the
Bill of Rights
First 8 directed at Individual Rights
Negative Rights
Limitations on government and what Congress can do
Government: representation of the people
Limitations on government are limitations on the people
People can abuse power so BOR have limits on what the people can do
In process of creating majority need to ensure protection for minority
Reconstruction Amendments
13th abolishes slavery
14th limits state/local government from violating EP DP PI
15th limits state government voting
IN EACH Congress has ability to pass laws to ensure rights granted are protected
Congress enforcer of Civil Rights
Interests of states must give way to federal interests
Fourteenth Amendment
All Persons naturalized in US
Direct response to Dred Scott which held that African Americans were not "citizens" deserving constitutional protection
Privileges and Immunities
Privileges: look anywhere in first 8 as starting point (Bingham) DEAD LETTER after Slaughterhouse
Equal Protection
No person or group may be treated differently under the law unless there is a valid state reason for doing so
Similarly situated people should be treated alike under the law
Three levels Scrutiny
Strict: Necessary to achieve a Compelling governmental purpose AND cannot achieve purpose through any other means
Intermediate: State must have a substantial relation to an important governmental purpose
Rational basis: rationally related to legitimate purpose
Due Process
State cannot deprive the people of life, liberty and property without due process of the law
Procedural Due Process: Fair and impartial judicial proceedings operating according to established rules and principles.
Notice and opportunity to be heard
Cant be thrown in jail wo trial
Cant suspend you from public school
Fire a public e'ee
Civil commitment
Substantive Due Process: Principle that laws and regulations must serve the legitimate interests of the